General Contract to use for most direct client projects.
Custom Design & Build.
Between us Inspired Worx and you [customer name]
We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.
So in short;
You ([customer name]), located at [customer address] are hiring us (Inspired Worx) located at [company address] to [design and develop a web site] for the estimated total price of [total] as outlined in our previous correspondence. Of course it’s a little more complicated, but we’ll get to that.
What do both parties agree to do?
You: You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every deadline that’s set and on top of that we'll maintain the confidentiality of everything you give us.
Getting down to the nitty gritty
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.)
You’ll have opportunities to review our work and provide feedback. We will act upon your feedback and make any changes to the Design and/or Build to meet your requirements. Any major changes will need to be discussed and may incur a separate fee, this is taking into consideration of extra time to make the changes.
If, at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.
We’re not responsible for writing or inputting any text copy. If you’d like new content or input text for written you, we can provide details of someone who can do this. They will of course, charge you for their services.
Photographs and/or Graphics
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
Browser testing no longer means attempting to make a website look exactly the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
Desktop browser testing
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla Firefox and Opera. We don't support Internet Explorer 9 and below for Windows and we won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older browser, we can provide a separate estimate for that.
Mobile browser testing
Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our work in:
iOS: Safari, Google Chrome
Android 4.1: Google Chrome, Firefox
We currently don’t test Blackberry OS or Blackberry QNX, Opera Mobile, Symbian or other mobile browsers. If you need us to test using these, we can provide a separate estimate for that.
We cannot give any guarantees that your website will be perfect in each browser, as testing on simulators rather than actual mobile devices can give varying results, and the speed of which browsers and mobile software changes would make it near impossible to keep track and test everything. We of course, aim to make sure that the website is accessible as possible.
Timescales / Deadlines
We will require that both parties shall stick to any deadlines that are discussed, which will include the start date and launch date as well as providing any content, text, images, graphics and hosting / domain details required.
Start Date: [start date], Completion Date: [completion date], Final Payment Date:[Final Payment].
Feedback must be replied to within 48hours of correspondence being sent out, and you should aim to answer all queries in a timely manner for us to complete the project within the deadlines agreed. If you do not provide the required answers, feedback and/or details needed to complete the project by the deadline agreed, then the project will be moved to the back of our project list.
Once the development website has been uploaded for client viewing and feedback, you will have 5 working days to submit any changes. If no changes are submitted to us, then the website will be deemed as completed and final payment will be due at the agreed date.
We will require that you provide your website hosting control panel access details, FTP details, domain name access details and any other access details we require to complete our work by the start date of the project.
If you do not have any of these services then you don't need to worry about that last statement.
We also require that any images, graphics and text content to be provided by [date here]. We can and will use dummy content up until this date.
We do provide website hosting for client websites if required. We hire our hosting from another major hosting company and offer support for any problems you may encounter. We work with others to fix any issues should anything arise. We are happy to install your website onto the hosting of your choice, but will need the required details before launch date.
If there are major issues with your current hosting provide then we have to charge a separate fee for the extra time taken to install your website.
If there are any issues with your website within 30 days of the completion date, we will look into this for you free of charge. Depending on what the problem is, we may have to provide a separate fee. ie: if this isn't something of our doing.
Changes and revisions
We know from experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on the length of time and expertise we estimate we’ll need to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind or add anything new, that won’t be a problem as we’ll provide a separate estimate for that.
Any changes outside of the scope of the project, will incur extra fees. Which will be agreed upon at the time of the request. This includes design changes, functionality and content changes.
We can’t guarantee that our work will be error-free (we do multiple checks of course at each step of the design/build process) and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you’ve permission to use them.
Then, when your final payment has cleared, copyright will be automatically assigned as follows:
You’ll own the visual elements that we create for this project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them.
We’ll own the unique combination of these elements that constitutes a complete design and we’ll license that you, exclusively and in perpetuity for this project only, unless we agree otherwise. We can provide a separate estimate for that.
We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.
We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.
Deposit of [fee] will be required before [start date] to commence work. Late payment will mean a delayed project and can incur further fees.
We will use our own hosting account to host the website whilst in the development period for testing and your feedback. We will not upload the site anywhere else until final payment.
Your website will be uploaded onto your hosting account only when the final payment has been made, unless otherwise agreed by both parties.
But where’s all the horrible small print?
Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of English and Welsh courts.
Oh and don’t forget those men with big dogs.
The dotted line
Signed by and on behalf of Inspired Worx Signed by and on behalf of [customer name] Date [date]
Everyone should sign above and keep a copy for their records.